California Chamber: Pot law would hurt workplace safety
August 17, 2010 by Fred HosierPosted in: Alcohol/drugs, In this week's e-newsletter, Injuries, Latest News & Views, What do you think?
Business groups are lining up against a measure that would legalize marijuana in California.
The California Chamber of Commerce says Proposition 19 would lead to more workplace injuries by forcing employers to let workers smoke pot on the job.
A five-page legal analysis released by the CalChamber (PDF) also claims an employer’s hands would be tied to take any action based on the perception that an employee’s marijuana use is a potential threat in the workplace.
Employers would have to show that pot use actually impairs job performance, according to the analysis.
The CalChamber gives this example: If a forklift driver showed up smelling of pot smoke, an employer could not take disciplinary action until it could be shown that the employee’s job performance was “actually impaired” by the marijuana use.
Proposition proponents say that’s not the case. They cite a determination by the state Legislative Analyst’s Office that employers would “retain existing rights to address consumption of marijuana that impairs an employee’s job performance.”
David Rosenfeld, a union lawyer with ties to the Proposition 19 campaign, told The Los Angeles Times that employers are upset because they wouldn’t be able to simply fire employees who test positive for pot, which can stay in the body for days. Instead, they’d have to show that their work was impaired. “There are lots of people out there who use marijuana responsibly and it doesn’t impact their work,” Rosenfeld said.
In addition to the CalChamber, the Association of California School Administrators and the League of California Cities have opposed the measure for similar reasons.
Proposition 19 would make it legal for adults 21 and older to possess up to an ounce of pot for personal use. Polls show slightly more than 50% of those asked support the measure to approve Proposition 19.
Do you think workplace safety would be harmed by the passage of Proposition 19? Let us know in the Comments Box below.
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Tags: California pot law, California Proposition 19, Chamber of Commerce, impair job performance, marijuana
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August 17th, 2010 at 6:37 am
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August 18th, 2010 at 1:11 pm
It is obvious that the people who were polled as supporting Prop 19 do not work in hazardous job conditions. if this proposition is going to pass there will need to be more legislation to limit who, when, where and how marijuana can be used on the job. This is scary!
August 19th, 2010 at 1:17 pm
Propositions can and are frequantly amended as I am sure this one will be if passed.
August 24th, 2010 at 9:12 am
This could be real scary. The way the article reads indicates people could actually use marijuana in the work place which is ridiculous. That would be no different than drinking alcoholic beverages in the work place. Seems like much more thought should be put in to this.
August 24th, 2010 at 9:34 am
Very dangerous ground. OSHA is bragging on having workplace deaths reach an all-time low. Well get ready for the trend to turn around, at least in California. I worked for a drilling rig 30 years ago and I was almost killed by our driller when he dropped a blow-out preventer down into the hole I and another man were working in. He and his friend were high on pot. Those supporting the bill say it is only going to be just a little bit. “We dont want everything.” “Employers will still be protected.” Well how do you eat an elephant? One bite at a time. How do you get pot completely legal for anyone, anytime, and any place? One little bite at a time.
August 24th, 2010 at 11:39 am
Mel, to assume that the proposition will be amended is naive at best. While historically many do get several amendments added (sometimes totally negating the original proposition), to not fight this is foolish at best. The typical voter in CA is getting dimmer by the minute as the best and brightest keep fleeing the state, looking for places where there is still a functioning government that has some sence of control over themselves, note the “minnions” they rule over.
As for the accident rate dropping, what do you expect when unemployment continues to increase, less jobs obviously results in less exposure to risk.
August 24th, 2010 at 12:13 pm
As with many controversial issues, we seem to have confused a specific potential change in law with a universe of “what-ifs”. Without the full text of the proposed law, it’s difficult to make pronouncements. However - just as with alcohol, which is certainly legal and just as certainly unacceptable in the workplace - legal possession and use of drugs does not have to mean free reign of irresponsible behavior. That said, I would want to see some sort of test available that gives immediate indication of current use, just as we have for alcohol. To my knowledge, such a test does not exist, though I would imagine the technology to develop it does. So, perhaps, legalization should wait upon, or at least be dependent upon, an employer’s ability to stop compromised behavior before it starts. It might also help to have studies which indicate any residual effects on behavior from yesterday’s (or last week’s) use of marijuana, before discarding the right to terminate employment based on currently available tests for metabolites. I’m sure developing such tests and studies would be expensive - but likely not nearly so much as our continuing, unsuccessful, and expensive war on drugs. We need to focus our attention, and our resources, on the most cost-effective solutions to our current problems. Legalization of drugs might be one way to do this - but only with the proper safeguards in place first.
August 24th, 2010 at 12:32 pm
If you don’t think there are already MANY people in ALL types of jobs whether hazardous or not who currently use marijuana then you already have blinders on. True, SOME are dangerous when on pot - however so are ALL the ones who drink. If you have never used marijuana then there is NO way you can know the nature of the effects, just like if you’ve drank before you definitely know the effects of that widely accepted form of destruction. Just like the various forms of alcohol affect people differently so does different strains of marijuana. Personally I think more laws need to be made against the alcohol abuse. I would much rather be in a vehicle with someone mellow on pot than someone raging on alcohol. Tim, there are already plenty of people drinking while at work- oh wait they call that lunch don’t they! Better to have policies in place for the abuse/effects of these substances than to merely say “it’s against the rules” as people will always break the rules!
August 24th, 2010 at 2:01 pm
Employers have issues now with employee drinking and prescription drug use. This won’t be any different. Responsible employees will behave responsibly. Irresponsible employees will not.
Love the quote from the union attorney, “There are lots of people out there who use marijuana responsibly and it doesn’t impact their work.”
August 24th, 2010 at 2:41 pm
Ken,
Because I am not naive I realize that a proposition is just what it sounds like, something that is “proposed”, and I know that in today’s political atmosphere very few things are not changed after they are ‘proposed”. Will this pass? I have no idea, but weather it passes or fails it will undoubtedly change.
What I do not like is the fact that it seems that this topic is being brought up to stir the legalization debate of cannabis more than any safety issue. To think that this proposition would pass without being amended to prevent smoking at work is ludicrous in my opinion. Even my low faith in the political structure of this country cannot see that happening. We do not allow alcohol at work, we do not allow smoking because of the risk of second hand smoke and we would not allow someone to fire a joint up while driving a forklift around a plant. This topic is not about safety, it has been placed here to stir a debate up.
August 26th, 2010 at 6:02 pm
Certainly employers would be able to impose restrictions that are more stringent than CA state law. From my understanding truck drivers will still be required to submit to Marijuana testing under the Federal Motor Carrier Safety Regulations. I don’t think the consequences of the proposed law have been fully considered but even if the law does pass I would think a responsible company would say that a positive result is enough for termination. Unlike alcohol you can’t easily test for THC levels in the body. Showing impairment would require employers to be trained like police drug recognition experts which is completely absurd. Now I know why I live in the Midwest!
August 27th, 2010 at 3:20 pm
Maybe we should allow pot use in schools nest for ADD/ADHD. Ridlin was fun when misused, too. Ridiculous!
September 2nd, 2010 at 3:11 pm
Man, California is way ahead of the rest of the country. I am moving out there, to the land of the free and the home of the brave.. Legalize IT..